Pendakwa Raya v Nasir Bin Sharif

ca-42h-3-03-2024 High Court (Mahkamah Tinggi) 12 January 2026 • CA-42H-3-03/2024

Catchwords

This appeal arises from the conviction of the appellant, Haji Nasir, by the Sessions Court of Kuantan for an offence under Section 376(1) of the Penal Code. The appellant pleaded not guilty. Nevertheless, he was found guilty and sentenced accordingly. Dissatisfied with the conviction and sentence, the appellant filed an appeal before this Court. In a separate appeal, the Public Prosecutor appealed against the sentence imposed by the learned trial judge. During trial, it was presented that there were no findings of fresh tears, lacerations or other signs of trauma that might lend support to the occurrence of penetration. It neither confirms nor supports the occurrence of penetration and in fact, leaves open the possibility of alternative explanations for the redness observed. Having considered the evidence presented and the prosecution’s case in its entirety, this court allowed the appellant’s appeal against conviction and consequently dismissed the prosecution’s appeal against sentence on the sole ground that the element of penetration, being an essential ingredient of the offence, was not proven beyond reasonable doubt.

Judges (1)

Samry bin Masri Delivered

Parties (2)

Pendakwa Raya Appellant Nasir bin Sharif Respondent

Judgment

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Source: eJudgment (ca-42h-3-03-2024)